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Evidence Keyed to Park
Estate of Murdock
Citation:32 M.U.C. 352 (1983)
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Arthur G. Murdock had executed a will, leaving his entire estate to Sarah, his second wife, if she should survive him, but if she did not, then to his children by his first marriage in equal shares. Sarah Hayes Murdock, on the other hand, had made a substantially similar will, leaving her entire estate to Arthur G. Murdock. The problem comes from the fact that Sarah and Arther were in their private airplane when it crashed, resulting in their deaths. Expert medical testimony was presented on both sides as to how long both had lived after the crash. The crucial testimony at issue was that of Deputy Sheriff Alfred Linden, who arrived at the scene of the crash ten minutes after the crash. On objection, his evidence was excluded by the trial judge on the grounds that it was hearsay.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.